Lodgers and the Law in England

Taking in a lodger can be a practical way to generate additional household income, but it is important to understand the legal rules that apply. Unlike tenants, lodgers share the property with the homeowner and have different legal rights and protections.

What is a lodger?

A lodger is someone who rents a room in your home while you continue to live there. This is different from a tenant, who has exclusive possession of a property or part of a property. The distinction is important because lodgers and tenants have different legal rights.

Do I need a written agreement?

While there is no legal requirement to have a written agreement with a lodger, it is strongly advisable. A written agreement should set out the rent, the notice period required to end the arrangement, house rules, and what is included in the rent, such as bills or meals.

Tax implications

Under the Rent a Room scheme, you can earn up to £7,500 per year tax-free from letting out furnished accommodation in your home. If your income from lodging exceeds this amount, you will need to declare it on your self-assessment tax return.

Ending the arrangement

Because lodgers do not have the same security of tenure as tenants, it is generally easier to ask a lodger to leave. You are required to give reasonable notice, which should be set out in your written agreement. If a lodger refuses to leave after being given proper notice, you can change the locks, although it is always advisable to seek legal advice before taking this step.

If you would like advice on the legal aspects of taking in a lodger, please contact our team.